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Judge Zubia's Decision

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Citt of Mexico, Aug. IX- The Diario, the official frovernment orgau, to-daj contains lm portaut documenta regarding the Cuttingcase, including the full text of the decisión of Judge Zubia at Paso Del tëorte, whieh 6how clearly and uumist-ikaUy tb at the court held Cuttlng for a crime on Mexican b4B, and continued shmiltaneously in Texas anL Mexico. Tliis puts a new phase on the case, as lt shuws Judge Zubia regarded the case as oue continuous act In passing sentence on Cuttlug, the judge said the basis of the criminal procceding agalnst th defendaut was the first proof bcfore him that he had commlttcd an offense classed as a crime by the law, the evidcucc of wliich was aiïorded bevond dispute, by a publkatlon which app ared in KI i mtinu:a. on June 6 last, a paper publishedon Mexican soll; secondly, that althougb lt was true there was n act of coucilialion which would have satisficd the offended party had it been complicd with, it was also true this act t conciliation was not iultilled and, therefore, the crime stlll stood; tbird, proof of lack of compliance with the alru of conciliaïion is found in a communicatlon printed bj Cutting in the El Paso Sunduy Hcrald in whicii he reuewed hls Jcfamatorv charges aeainat. Medina, and ut the saine time ■■ubl'ished an artide in KI Cent.nella on Mr x! can soil, ia wbich he suppresscd the capital letters and put the name of Medina in ■üieroscopie Ui in order to make its readinp d fflcult; iourth, tbe rcnewal of the charges did not ronstitute a new offense but was conñrmation of pruvious charges; fiflh, this being F:O the reiponsibiiity of Cutting arosc irom the publication in K Ctnlintíla, which was renrwod In a Tcia paper, hls rcnewal or ratifleatio not coiiBtiiuUng a new crime which should be punished with a different pena; tv than thut hkh corresponded to the first publication. The jud:e iurihcr iays: "Even supposine, without colueding it, that the crime of defamstion bad been coraoiltted ld Texas, the fact that Cutting had in Paso del Norte copies of the El Pat ttuniay Herald of which Medina complained, and which were by order of the court Aeizcd, on the premlses of Cuttlng on Mcxicau soll, constltutes properly a consamntation of tbc crime cco: ding to the penal code." Judge Zubia Iays special emphasli on tbe fact that Cuttng actually rlrculnted on Mexican soll bis rcnewal of the libel publlshed In Texas, and declares that were the case reverscd he would be punleliable under the present code in Texas. A. P. Cusliiog, an American lawyer, sums up Zubia's dr-.'ision thiu: Cuttinir was convicted of a rDetítion of the libel first pubiished in Mexico and rcprii:ted more virulcnt h in TcXas, wni'.h hc then brought over and dUtributed in Mexico and lt was the distribution In Mexico of the second libel and not the printiutr of the same la Texas for which he was convicted, the libel having been read by lhr or more persons, as requircd by the s'.atutcs of the state of Chtbualiua. Cutting pleaded in b:ir to the Jurlsdlctlon uf the Mexican court that tbe paper had been printed u Texas. He did uot. bowever, deny tbat tb'; paiier ha-1 been circulateil ou tbe Mexican side, which was a fact, numeroui copies having been seized there bi order of the court. This aijwet of the Ciise takc-s awav the phase of a coullict of law of the two countiies. The -.ublioition of x fnll text of Judge Zullas' decisión is regard, d here as putting the canc out oí international ontroversy.


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